What Fed. Circ. Columbia Case Means For Design Patents

By Ehsun Forghany, John Hemmer, Kenneth Davis and Michael Lyons ( November 26, 2019, 3:19 PM EST) -- While sidestepping the anticipated "article of manufacture" issue for calculating the infringer's total profits under 35 U.S. Code Section 289, the U.S. Court of Appeals for the Federal Circuit in a recent precedential opinion overturned a district's court grant of infringement on summary judgment and found that incorporating a logo in the accused design may prevent a finding of infringement....

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